Ohio Administrative Code
Title 5160:1 - Eligibility
Chapter 5160:1-3 - Medicaid for the Aged, Blind, or Disabled (ABD)
Section 5160:1-3-03.7 - Medicaid: treatment of sick pay and sick leave
Universal Citation: OH Admin Code 5160:1-3-03.7
Current through all regulations passed and filed through September 16, 2024
(A) The purpose of this rule is to set forth the treatment of sick pay and sick leave for eligibility for medical assistance.
(B) Definitions.
(1) "Sick pay" means a payment made to or on
behalf of an employee by an employer or a private third party for sickness or
accident disability.
(2) "Sick
leave" means a paid absence from duty for personal or family medical reasons
and considered a continuation of
salary.
(C) Treatment of sick pay.
(1) Sick pay is
treated as earned income (wages) if the individual receives sick pay within six
months after stopping work and the income is not attributable to the employee's
own contributions toward a sick pay plan.
(2) Sick pay is treated as unearned income
if:
(a) The individual receives sick pay
within six months after stopping work and the income is attributable to the
employee's own contributions toward a sick pay plan; or
(b) The individual receives sick pay more
than six months after stopping work.
(3) To determine the six months' period after
stopping work, begin with the first day of non-work, include the remainder of
that calendar month, and include the next six full calendar months.
(D) Treatment of sick leave.
(1)
Sick leave payments are treated as earned
income.
(2)
Sick leave that is donated to the individual is treated
the same as if it were the individual's own leave.
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